[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Notices]
[Pages 47275-47277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19725]


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POSTAL REGULATORY COMMISSION

[Docket No. N2011-1; Order No. 778]


Postal Service Initiative on Retail Postal Locations

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is noticing a recently-filed Postal Service 
request for an advisory opinion on an initiative involving examination 
of the continuation of service at postal retail locations. This 
document invites public comments on the request and addresses several 
related procedural steps.

DATES: Notices of intervention are due: August 19, 2011. See the 
Procedural Schedule in the SUPPLEMENTARY INFORMATION section for other 
dates of interest.

ADDRESSES: Submit comments electronically by accessing the ``Filing 
Online'' link in the banner at the top of the Commission's Web site 
(http://www.prc.gov) or by directly accessing the Commission's Filing 
Online system at http://www.prc.gov/prc-pages/filing-online/login.aspx. 
Commenters who cannot submit their views electronically should contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section as 
the source for case-related information for advice on alternatives to 
electronic filing.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
at 202-789-6820 (case-related information) or [email protected] 
(electronic filing assistance).

SUPPLEMENTARY INFORMATION: On July 27, 2011, the United States Postal 
Service (Postal Service) filed a request with the Postal Regulatory 
Commission (Commission) for an advisory opinion under 39 U.S.C. 3661 
regarding use of a centrally directed Retail Access Optimization (RAO) 
initiative for examining the continuation of service at approximately 
3,650 postal retail locations.\1\
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    \1\ Request of the United Postal Service for an Advisory Opinion 
on Changes in the Nature of Postal Services, July 27, 2011 at 1 
(Notice).
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    Jurisdiction. The Postal Service contends that in its present form, 
the RAO initiative ``could be at least `substantially nationwide,' 
within the meaning of 39 U.S.C. 3661(b).'' Id. at 2. The Postal Service 
states that if it determines any facilities should be closed, postal 
patrons would have to obtain services at a different postal facility or 
alternate access channel. Id. The Postal Service asks the Commission to 
consider whether it has jurisdiction to offer an advisory opinion on 
the RAO initiative, and if so, to render it. Id.
    The RAO initiative applies to postal retail facilities across the 
country, without limit to geography or population, and is driven by 
Headquarters. The Commission finds that because the Postal Service's 
RAO initiative appears to encompass a Headquarters' mandated, 
systemwide review of postal retail facilities, similar to the review of 
station and branch discontinuation in Docket No. N2009-1, a Commission 
advisory opinion pursuant to 39 U.S.C. 3661 is appropriate.
    Request. The Request is accompanied by testimony from one witness, 
James J. Boldt (USPS-T-1), and five library references (two of which 
are non-public).\2\
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    \2\ See Notice of United States Postal Service of Filing of 
Initial Labrary References and Application for Non-Public Treatment 
of Materials, July 27, 2011, identifying and describing the library 
references filed in support of the Postal Service's direct case.
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    Witness Boldt is identified asthe National Manager, Customer 
Service Operations, in the Office of Delivery and Post Office 
Operations at Postal Service Headquarters. USPS-T-1 at i. Witness 
Boldt's office is described as having primary responsibility for 
developing policies and procedures relating to the day-to-day 
operations of post offices, opening or closing of those facilities, and 
improving customer experience. Id.
    Witness Boldt's testimony describes the current state of the Postal 
Service's retail network, including alternative access channels and 
underlying trends. Id. at 2-10. The testimony also describes the RAO 
initiative as a systemwide approach to the decline in demand for retail 
services and the widespread availability of alternative access 
channels. Id. at 13-14. The testimony indicates that the Postal Service 
will evaluate postal offices with low workload, stations and branches 
with insufficient demand and available alternate access, and retail 
annexes with insufficient demand and available alternate access. Id. at 
14-16.
    The Postal Service intends to make use of the new ``USPS Handbook 
PO-101'' that reflects recent rules promulgated by the Postal Service 
concerning the methods to close or consolidate postal retail 
facilities.\3\ Id. at 17-18. Finally, the testimony explains how the 
Postal Service's new rules work

[[Page 47276]]

and how they will be applied in the RAO initiative. Id. at 19-23.
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    \3\ See 39 CFR Part 241.
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    The Request and all supporting public materials are on file in the 
Commission's docket room for inspection during regular business hours, 
and are available on the Commission's Web site at http://www.prc.gov.
    Timing. The Postal Service believes that its filing satisfies the 
39 CFR 3001.72 requirement that a request for an advisory opinion must 
be filed at least 90 days in advance of the effective date of the 
proposed changes. The Postal Service indicates that it started 
discontinuance actions consistent with the RAO initiative beginning 
July 26, 2011. Notice at 9. The Postal Service contends that these 
actions are not ``implementation'' of a service change because the 
initial action of public notice of discontinuance is only an 
``information-gathering process.'' Id. The Postal Service states 
further that if discontinuation is announced, the facility must remain 
open for a further 60 days. Id. at 10. The Postal Service states that 
it expects notices announcing discontinuances of particular facilities 
to be issued starting in late October through late December of 2011. 
Id.
    Further procedures. 39 U.S.C. 3661(c) requires that the Commission 
afford an opportunity for a formal, on-the-record hearing of the Postal 
Service's Request under the terms specified in sections 556 and 557 of 
title 5 of the U. S. Code before issuing its advisory opinion. The 
Postal Service's request raises important issues. Given the Postal 
Service's financial position, the Commission finds it appropriate to 
expedite the proceeding. To facilitate expeditious review of the 
matter, the Commission expects parties to make judicious use of 
discovery, discovery objections, and motions' practice. Every effort 
should be made to confer to resolve disputes informally.
    All interested persons are hereby notified that notices of 
intervention in this proceeding shall be due on or before August 19, 
2011. See 39 CFR 3001.20 and 3001.20a. Discovery may be propounded upon 
filing a notice of intervention. Responses to discovery shall be due 
within 7 days.
    The full procedural schedule shown below the signature of this 
Order will be followed in this proceeding:
     The hearing to receive the Postal Service's direct case 
shall begin September 8, 2011.
     Intervenor evidence must be submitted by September 16, 
2011.
     The hearing to receive intervenor evidence shall begin 
October 3, 2011.
     Unless the Postal Service elects to submit surrebuttal 
evidence, briefs shall be due October 14, 2011, and reply briefs shall 
be due October 21, 2011.
     If the Postal Service elects to submit surrebuttal 
evidence, that evidence is due by October 11, 2011.
     The hearing to receive the surrebuttal evidence shall be 
October 17, 2011.
     If surrebuttal evidence is submitted, briefs shall be due 
October 26, 2011, and reply briefs shall be due November 2, 2011.
    Public Representative. Section 3661(c) of title 39 requires the 
participation of an ``officer of the Commission who shall be required 
to represent the interests of the general public.'' Tracy Ferguson is 
designated to serve as the Public Representative to represent the 
interests of the general public in this proceeding, assisted by John P. 
Klingenberg. Neither the Public Representative nor any additional 
persons assigned to assist her shall participate in or advise as to any 
Commission decision in this proceeding, other than in their designated 
capacity.
    It is ordered:
    1. The Commission establishes Docket No. N2011-1 to consider the 
Postal Service Request referred to in the body of this Order.
    2. The Commission will sit en banc in this proceeding.
    3. The complete procedural schedule for this proceeding is set 
forth below the signature of this order.
    4. Pursuant to 39 U.S.C. 505 and 3661(c), the Commission appoints 
Tracy Ferguson to represent the interests of the general public in this 
proceeding.
    5. The Secretary shall arrange for publication of this notice and 
order in the Federal Register.

    By the Commission.
Shoshana M. Grove,
Secretary.

                           Procedural Schedule
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August 19, 2011........................  Notices of intervention due.
August 20, 2011........................  Close of discovery on Postal
                                          Service direct case.
September 2, 2011......................  Notice of intent to conduct
                                          oral cross-examination.
September 8, 2011......................  Hearing on the Postal service's
                                          direct case (9:30 AM in the
                                          ommission's hearing room).
September 9, 2011......................  Close of discovery for
                                          developing intervenors' direct
                                          case.
September 16, 2011.....................  Filing of rebuttal testimony.
September 23, 2011.....................  Conclusion of discovery
                                          directed towards rebuttal
                                          testimony.
September 30, 2011.....................  Notice of intent to conduct
                                          oral cross-examination
                                          (rebuttal).
October 3, 2011........................  Hearing to enter rebuttal
                                          testimony into the record
                                          (9:30 AM in the commission's
                                          hearing room).
October 5, 2011........................  Notice of intent to file
                                          surrebuttal testimony.
October 11, 2011.......................  Filing of surrebuttal testimony
                                          (if requested).
October 14, 2011.......................  Filing of briefs if no
                                          surebuttal testimony filed.
October 17, 2011.......................  Hearing to enter surrebuttal
                                          testimony into the record
                                          (9:30 AM in the commission's
                                          hearing room, if necessary).
October 21, 2011.......................  Filing of reply briefs if no
                                          surrebutal testimony is filed.
October 26, 2011.......................  Filing of briefs if surrebuttal
                                          testimony filed.
November 2, 2011.......................  Filing of reply briefs if
                                          surrebuttal testimony filed.
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[[Page 47277]]

[FR Doc. 2011-19725 Filed 8-3-11; 8:45 am]
BILLING CODE 7710-FW-P